Terms and conditions
The website www.pqp-clothing (hereafter referred to as the ‘Website’) is owned and operated by Plus Que Parfait, part of MacLean Media, Tiensestraat 1/501 Leuven, Belgium, with company number BE 0688.783.736 (hereafter also referred to as the “Seller”, “we”, “our” or “us”, as the case may be).
The Seller offers this Website, including all information, tools and services available from this site to you, the user (hereafter also referred to as “you” or “your”, as the case may be), conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our Website and/or purchasing something from us, you engage in our service and fully agree to be bound by the present terms and conditions.
We advise you to read these terms and conditions (hereafter also referred to as “Terms and Conditions”) carefully. If you do not agree to all the content of these Terms and Conditions, your only remaining recourse is to refrain from any further attempt at access to, or use of, the Website.
The Seller reserves the right to update, modify or replace any part of the present Terms and Conditions. It is the Users responsibility to check this page periodically for changes. You can review the most current version of the Terms and Conditions at any time on this page. Your continued use of or access to the website following any changes constitutes acceptance of those changes. Any changes to these Terms and Conditions will only apply to orders placed on or after the date of modification. We advise you to print or save a copy of the Terms on your hard disk when you decide to place an order on the Website.
1. Placing orders
1.1. To place an order on the Website and contract with us you must be at least the age of majority in you state or province of residence or have given us your consent to allow any of your minor dependents to use the Website.
1.2. When placing an order, you undertake that all information you provide to us is true, accurate and kept up to date.
1.3. When you create an account, we will ask you to create a password. You should keep your password and account information confidential. You will be held responsible for all purchases made through your user name and password and we shall not be liable for any loss or damage which may arise as a result of any failure by you to protect your personal information. If we are suspicious of any activity from your account that appears fraudulent, we can reserve the right to refuse you access to, and where necessary, delete your account.
1.4. In case of using a payment card for a purchase, you represent that you are the rightful owner or authorized holder of the card.
2. Order acceptance
2.1. In case of using a payment card for a purchase, you represent that you are the rightful owner or authorized holder of the card.
2.2. When you place an order, you will receive an acknowledgement e-mail confirming receipt of your order and specifying your order number and details of the ordered products. This email will only be an acknowledgement and will not constitute acceptance of your order. A contract between us for the purchase of the goods will not be formed until your payment has been approved to us and we have debited your credit or debit card.
2.3. We reserve the right to reject your order for any reason, including technical errors, unavailability, non-verifiable payment info, abuse or fraud, minority, … .
2.4. In case we reject or cancel an order for any of the aforementioned reasons, we will inform you thereof via e-mail and refund your payment.
The prices mentioned on the Website are VAT inclusive. They can be subject to change without notice. Whilst we try and ensure that all details, descriptions and prices which appear on this Website are accurate, errors may occur. Any prices shown in error shall be modified as soon as possible and shall not be binding. If we discover an error in the price of any goods which you have ordered we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you we will treat the order as cancelled. If you cancel and you have already paid for the goods, you will receive a full refund. Delivery costs will be charged in addition; such additional charges are clearly displayed if applicable.
4. Errors, inaccuracies an omissions
The Service may contain typographical errors or other errors or inaccuracies and may not be complete or current. We therefore reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice. We reserve the right to refuse to fill any orders that you may place based on information on the Service that may contain errors or inaccuracies, including, without limitation, errors, inaccuracies or out-of-date information regarding pricing, shipping, payment terms, or return policies.
5. Product images
We have made every effort to display as accurately as possible the products that appear on the Website. The material displayed on the Website is provided without any guarantees, conditions or warranties as to its accuracy. The colours presented may differ from the actual colours of the products. The presentation of the colours of the products depends amongst others on the settings of your monitor and the graphic card of the visitor of the website.
The Seller does not guarantee that all products shown on the Website are available. The Seller reserves the right, at any time and without prior notice, to change certain products, to remove them from the assortment or to no longer make them available for sale.
Payments are operated through the online payment processor Stripe. We do not have access to the confidential details of payment of our customers. Payment can only be made by authorized credit or debit cards. The authorized cards are mentioned on the Website at checkout. You will need to provide the details of the card when you place your order. Your card will be debited once the order has been accepted.
8. Cancellation by us
We may cancel an order if the product is not available for any reason. If this is the case, we will notify you and return any payment that you have made. We will usually refund any money received from you, using the same method originally used by you to pay for the product.
9.1. Timescales and charges for delivery vary depending on the products ordered, your delivery address and the delivery services available. Delivery costs and estimated delivery time will be displayed at checkout.
9.2. We try to deliver ordered products on time. Instances can, however, occur wherein we are prevented from dispatching the products on our indicated delivery time. Any delivery time specified by us should therefore be considered as a non-binding estimate and not as an obligation to achieve the result of delivering the products on the estimated delivery date.
9.3. When the products are delivered to the delivery address you specified in your order, all risks, including risks of loss or damage to the products, shall pass onto you.
9.4. In case you postpone the delivery or the receipt of the products for an unreasonably long time after we have informed you that we have attempted to deliver the products to you, or in case you have provided with an incorrect delivery address as a result of which the products have been returned to us after the first attempt to make delivery, we will assume that you have exercised your right of withdrawal and we will refund the price paid for the products in accordance with our return policy and the relevant applicable legal provisions.
10.1. In case of using a payment card for a purchase, you represent that you are the rightful owner or authorized holder of the card.
10.2. If you have purchased a product on the Website for your own personal use as a consumer, you have a right of withdrawal for all or a part of the products ordered by you, without stating any reasons. To exercise your right to withdrawal, you must inform us of your decision in writing (firstname.lastname@example.org) within 14 calendar days after the day you received the products.
10.3. You shall return the goods at own expense without any undue delay and in any event within no more than 14 days after the date on which you notified us of the withdrawal.
10.4. It is your responsibility to ensure that the products remain safe and protected while under your custody. Treat the products with care and return them in the condition in which they had been delivered to you. Please ensure that the products are packaged appropriately. For hygienic reasons, underwear and swimwear cannot be returned.
10.5. You will be liable for any diminished value of the goods, if this diminished value is ascribed to an unnecessary handling thereof on your part to test the condition, features and characteristics of the products.
10.6. If any received products are defective or non-conforming and you want to exchange them for non-defective or conforming products, you should submit a request for return to our customer service as soon as possible following the delivery (max. 14 days). If our customer service approves your request, it will provide you by e-mail with instructions for the exchange of the product(s).
10.7. We will in any case only accept returns if it concerns a complete product (for example, the two elements of a pair must be returned together), the product has not been washed or used in any way (other than reasonable wear and tear from examining and/or trying on the product), and the products are returned in the original packaging.
11.1. When you exercise your right of withdrawal, we will issue a refund of all the payments we have received from you, including the delivery costs (except additional costs resulting from your decision to use a different delivery method than the cheapest standard method we offer), without any undue delay and at the latest within 14 days from the date on which we received the products in their original state. We refund your payment using the same currency you used in the original transaction, unless otherwise expressly agreed with you; in no way we will charge you a fee for this reimbursement. We will usually refund any money received from you, using the same method originally used by you to pay for the product.
11.2. In case you return products 1) after your 14-day withdrawal term, 2) which are no longer in their original state, 3) which have not been packaged appropriately, 4) which are incomplete 5) or in relation to which you have not exercised the care required for returning the products in good condition, we reserve the right to reject your return and to reject the requested refund or to charge you for the costs required to undertake the necessary repairs, re-stocking or similar direct costs arising out of or in connection with the payments which need to be refunded to you (without prejudice to the applicable legal provisions).
12. Circumstances outside our reasonable control
We will do everything necessary to fulfil our obligations. We can, however, not be held liable for non-performance of our obligations in case this has been caused by circumstances outside our reasonable control.
13. Limitation of liability
13.1. These Terms and Conditions set out the full extent of the Seller’s obligations and liabilities in respect of the supply of Products. We do not accept and hereby exclude any liability for breach of duty other than any such liability arising pursuant to the provisions of these Terms and Conditions.
13.2. To the maximum extent permitted by applicable law, there are no warranties, conditions or terms that are binding on the Seller except as expressly stated in these Terms and Conditions.
13.3. Nothing in these Terms and Conditions shall limit your legal rights and nothing in these Terms and Conditions is intended to limit or exclude liability for fraud or wilful misconduct.
13.4. In performing any obligation under these terms and conditions, our only duty is to exercise reasonable care and skill.
13.5. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
13.6. We do not warrant and we exclude all liability in respect of the accuracy, completeness, fitness for purpose or legality of any information accessed by using the site; and we exclude all liability of any kind for the transmission or the reception of or the failure to transmit or to receive any material of whatever nature.
13.7. You should not rely on information accessed using the site to make a purchasing decision. You should make your own enquiries before forming your own opinion and taking any action based on any such information.
13.8. We shall not be liable for loss of revenue, loss of actual or anticipated profits, loss of contracts, loss of the use of money, loss of anticipated savings, loss of business, loss of operation time, loss of opportunity, loss of goodwill, loss of reputation, loss of, damage to or corruption of data or any indirect or consequential loss, regardless how cuased and such liability is excluded whether it is foreseeable, known, foreseen or otherwise.
13.9. In these Terms and conditions:
a) “Liability” means liability in or for breach of contract, breach of duty, misrepresentation, restitution or any other cause of action whatsoever relating to or arising under or in connection with these Terms and Conditions, including, without limitation, liability expressly provided for under these terms and conditions or arising by reason of the invalidity or unenforceability of any term of these Terms and Conditions (and for the purposes of this definition, all references to these Terms and Conditions shall be deemed to include any collateral contract); and
b) “Breach of duty” means the breach of any (i) obligation arising from the express or implied terms of a contract to take reasonable care or exercise reasonable skill in the performance of the contract or (ii) legal duty to take reasonable care or exercise reasonable skill (but not any stricter duty).
14. Data protection
All personal data provided to Us through the Website will be treated in a confidential manner. The Seller engages itself to treat and process the personal data provided in accordance with the Belgian Act of December 8, 1992 on the protection of personal data. You have the right to access your personal data and to have inaccurate data corrected by notifying the Seller. The personal data provided by you will be used for the purpose of processing and delivering your orders, managing our relationship with you as our customer, for direct marketing purposes and for the global imaging of our customer base. You can at all times and without any costs oppose to the use of your personal data for direct marketing purposes by notifying the Seller.
You agree to indemnify, defend and hold harmless the Seller, its directors, officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from your use this Website or your breach of the Terms and Conditions.
If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.
18. Contact information
In case of further questions or complaints, please contact our Customer Care Team via e-mail on email@example.com.
19. Applicable law
These Terms and conditions and your use of the Websites (and all non-contractual relationships arising out of or connected to it or them) shall be governed by and construed in accordance with Belgian law. You submit to the exclusive jurisdiction of the Belgian courts to settle any dispute which may arise under these Terms and Conditions.
20. Entire Agreement
The above Terms and Conditions constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between you and the Seller. Any waiver of any provision of the Terms and Conditions will be effective only if in writing and signed by a Director of the Seller.